ABSTRACT
The materiality of the representation and its place within the general law of misrepresentation has caused some awkwardness in that the courts have never been entirely certain what "materiality" in this sense means and whether it is in fact a separate requirement for relief. Materiality is a distinct notion and a separate element of an actionable misrepresentation. There have been some judges who have treated materiality as a concept similar to or the same as or part of inducement itself in that there could or ought to be no inducement if the representation was not material. There is an affinity between inducement and materiality under the general law of contract. The materiality of a fact as to require disclosure may be modified by the assured and the insurer by agreement, either to enlarge or restrict the scope of disclosure expected from the assured or to define or dispense with the requirement of materiality.
